F.I.F.A. – Commissione per lo Status dei Calciatori (2014-2015) – controversie agenti di calciatori –———-F.I.F.A. – Players’ Status Committee (2014-2015) – players’ and match agents disputes – official version by www.fifa.com – Decision of the Single Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 22 April 2015, by Mr Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the players? agent Players’ Agent A, country B as “Claimant” against the club Club C, country D as “Respondent” regarding a contractual dispute between the parties. I.

F.I.F.A. - Commissione per lo Status dei Calciatori (2014-2015) – controversie agenti di calciatori –----------F.I.F.A. - Players' Status Committee (2014-2015) – players’ and match agents disputes – official version by www.fifa.com - Decision of the Single Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 22 April 2015, by Mr Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the players? agent Players’ Agent A, country B as “Claimant” against the club Club C, country D as “Respondent” regarding a contractual dispute between the parties. I. Facts of the case 1. On 18 July 2012, the Club C from country D (hereinafter: “the Respondent”) and the players’ agent licensed by the Football Federation of country B, Mr Players’ Agent A (hereinafter: “the Claimant”), signed a document called “Commission Agreement” (hereinafter: “the agreement”), by means of which the Respondent agreed to pay to the Claimant a commission in the total amount of USD 400,000 for the services rendered in connection with the transfer of the player from country F, Player E (hereinafter: “the player”) to the Respondent. 2. Point 4 of the agreement stated: “In light of the services provided by the Agent [i.e. the Claimant] in connection with the contract of the Player, the Club [i.e. the Respondent] undertakes to pay the agent [i.e. the Claimant] a commission valued at 5% (five per cent) of the total value of the Player?s contract with the club [i.e. the Respondent]”. 3. Point 5 of the agreement stated: “The total value of the Players contract is $8,000,000.00 (Eight Million US Dollars) NET. Therefore, the total commission for the guaranteed part of the contract being $400,000.00 (Four Hundred Thousand US Dollars)”. 4. Point 6 of the agreement stated: “The Commission is to be paid in 1 (One) Instalment no later than 15 August 2012”. 5. On 21 July 2012, the player and the Respondent concluded two employment contracts, both valid from 23 July 2012 until 30 June 2015 and being signed by the Claimant as the Respondent?s agent. 6. On 29 April 2014, the Claimant lodged a claim with FIFA against the Respondent and requested the payment of the outstanding commission of USD 400,000, plus an annual interest of 5% as from the relevant due date. 7. In particular, the Claimant stated that he had fulfilled his obligations based on the agreement. However, the Respondent had failed to pay the relevant commission agreed upon between the parties in spite of several requests submitted by the Claimant to the Respondent. 8. In spite of having been asked to do so, the Respondent did not provide its response to the present claim, although it was informed that, in absence of a reply, the Players’ Status Committee would take a decision on the basis of the information and evidence at disposal. II. Considerations of the Single Judge of the Players’ Status Committee 1. First of all, the Single Judge of the Players’ Status Committee (hereinafter also referred to as: “the Single Judge”) analysed which procedural rules are applicable to the matter in hand. In this respect, he took note that the present matter was submitted to FIFA on 29 April 2014. Consequently, the Single Judge concluded that the 2012 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution (hereinafter: “the Procedural Rules”) is applicable to the matter in hand (cf. art. 21 of the Procedural Rules). 2. Subsequently, the Single Judge analysed which edition of the FIFA Players’ Agents Regulations should be applicable. In this respect, he confirmed that in accordance with art. 39 par. 1 and 4 of the 2008 edition of the Players’ Agents Regulations, and considering that the present claim was lodged with FIFA on 29 April 2014, the edition 2008 of the Players’ Agents Regulations (hereinafter: “the Regulations”) is applicable to the matter at stake. 3. With regard to his competence, the Single Judge of the Players’ Status Committee pointed out that in accordance with the provisions set out by the Regulations, FIFA has jurisdiction on matters relating to licensed players’ agents, i.e. on individuals who hold a valid players’ agent licence issued by the relevant member Association. 4. The Single Judge continued his deliberations by indicating that the present matter concerned a dispute between a players’ agent licensed by the Football Federation of country B and a club from country D, regarding an alleged outstanding commission. 5. As a consequence, the Single Judge of the Players’ Status Committee is competent to decide on the present matter which has an international dimension (cf. art. 30 par. 2 of the Regulations). 6. His competence and the applicable regulations having been established and entering into the substance of the matter, the Single Judge started his analysis by acknowledging the facts of the case and the arguments of the parties as well as the documents contained in the file. 7. In this regard and to start with, the Single Judge took note that on 18 July 2012, the Claimant and the Respondent concluded an agreement by means of which, inter alia, the latter undertook to pay to the Claimant the amount of USD 400,000 as commission for the services he rendered in connection with the transfer of the player to the Respondent. 8. Equally, the Single Judge noted that point 6 of the agreement established that the commission should have been paid by the Respondent to the Claimant “no later than 15 August 2012”. 9. Furthermore, the Single Judge acknowledged that both employment contracts concluded between the Respondent and the player were signed by the Claimant in his capacity of Respondent?s agent. 10. At this stage, the Single Judge observed that the Respondent had never submitted its position to the claim lodged against it by the Claimant, despite having been asked to do so by FIFA. Therefore, the Single Judge concluded that, in this way, the Respondent had renounced to its right of defence and, thus, it had to be assumed that it had accepted the allegations of the Claimant. 11. Bearing in mind the aforementioned, the Single Judge referred to art. 9 par. 3 of the Procedural Rules and pointed out that in the present matter a decision shall be taken upon the basis of the documents on file, in other words, upon the allegations and documents submitted by the Claimant. 12. Bearing in mind the aforementioned, the Single Judge decided that, in accordance with the general principle of pacta sunt servanda which in essence means that agreements must be respected by the parties in good faith, the Respondent must fulfil the obligation it voluntarily entered into with the Claimant by means of the agreement, and therefore, that the Respondent must pay to the Claimant the outstanding commission of USD 400,000. 13. In addition and with regard to the Claimant’s request for interest over the outstanding amount, the Single Judge deemed appropriate to grant interest at a rate of 5% per annum over the amount of USD 400,000 as from the due date, i.e. from 16 August 2012, until the date of effective payment. 14. In view of all the above-mentioned considerations, the Single Judge decided that the claim of the Claimant is accepted and that the Respondent has to pay to the Claimant the total amount of USD 400,000 as outstanding commission plus an interest at a rate of 5% per annum over the said amount from 16 August 2012 until the date of effective payment. 15. Finally, the Single Judge referred to art. 25 par. 2 of the Regulations in combination with art. 18 par. 1 of the Procedural Rules, according to which, in the proceedings before the Players’ Status Committee, including the Single Judge, costs in the maximum amount of CHF 25,000 are levied. The relevant provision further states that the costs are to be borne in consideration of the parties’ degree of success in the proceedings. 16. Furthermore and according to Annexe A of the Procedural Rules, the costs of the proceedings are to be levied on the basis of the amount in dispute. The amount in dispute to be taken into consideration in the present proceedings is USD 400,000. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 25,000. 17. Considering that, in the case in hand, the responsibility of the failure to comply with the agreement and the act can entirely be attributed to the Respondent and taking into account the particular circumstances of the present matter, the Single Judge determined the costs of the current proceedings in the amount of CHF 25,000 and held that such costs have to be borne by the Respondent. 18. In conclusion, the amount of CHF 25,000 has to be paid by the Respondent in order to cover the costs of the present proceedings. III. Decision of the Single Judge of the Players’ Status Committee 1. The claim of the Claimant, Players’ Agent A, is accepted. 2. The Respondent, Club C, has to pay to the Claimant, Players’ Agent A, within 30 days as from the date of notification of this decision, the amount of USD 400,000 plus an interest rate of 5% per annum on the said amount from 16 August 2012 until the date of effective payment. 3. If the aforementioned total sum, plus interest as mentioned above, is not paid within the aforementioned deadline, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 4. The final costs of the proceedings amounting to CHF 25,000 are to be paid by the Respondent, Club C, within 30 days as from the date of notification of the present decision, as follows: 4.1 The amount of CHF 5,000 has to be paid directly to the Claimant, Players’ Agent A; 4.2 The amount of CHF 20,000 has to be paid directly to FIFA to the following bank account with reference to case nr. XXXX: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 5. The Claimant, Players’ Agent A, is directed to inform the Respondent, Club C, directly and immediately of the account number to which the remittances under points 2. and 4.1 above are to be made and to notify the Players’ Status Committee of every payment received. ***** Note relating to the motivated decision (legal remedy): According to art. 67 par. 1 of the FIFA Statutes, this decision may be appealed against before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent to the CAS directly within 21 days of receipt of notification of this decision and shall contain all the elements in accordance with point 2 of the directives issued by the CAS, a copy of which we enclose hereto. Within another 10 days following the expiry of the time limit for filing the statement of appeal, the appellant shall file a brief stating the facts and legal arguments giving rise to the appeal with the CAS (cf. point 4 of the directives). The full address and contact numbers of the CAS are the following: Court of Arbitration for Sport Avenue de Beaumont 2 1012 Lausanne - Switzerland Tel: +41 21 613 50 00 Fax: +41 21 613 50 01 e-mail: info@tas-cas.org www.tas-cas.org For the Single Judge of the Players’ Status Committee Markus Kattner Acting Secretary General Encl. CAS Directives